What type of employees are eligible for FMLA leave?

In Utah, employees are eligible for unpaid, job-protected leave under the Family and Medical Leave Act (FMLA) if they have been employed for at least 12 months and worked 1,250 hours in the previous 12 months. Employees of private-sector businesses with 50 or more employees within 75 miles, public agencies, and elementary and secondary schools are eligible for FMLA leave. Employees of public-sector employers with fewer than 50 employees and most employees of private-sector employers with fewer than 50 employees may also be eligible, depending on the number of employees the employer has. Eligible employees may take FMLA leave for any of the following reasons: • For the birth of a child or to care for the newborn; • To care for a family member (spouse, child, or parent) with a serious health condition; • For the employee’s own serious health condition; • For qualifying exigencies related to a family member’s active duty in the U.S. Armed Forces; • To care for a family member injured while on active duty in the U.S. Armed Forces; or • To take leave under the Military Caregiver Leave Act. In addition, an employee can take up to 26 weeks of leave in a single year to care for a covered service member with a serious illness or injury sustained in the line of duty. Although FMLA leave is unpaid, employees can elect, or the employer can require, employees to use accrued paid leave while on FMLA leave.

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